Mediation and Arbitration

ORS 36.705
Vacating award


(1)

Upon petition to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:

(a)

The award was procured by corruption, fraud or other undue means;

(b)

There was:

(A)

Evident partiality by an arbitrator appointed as a neutral arbitrator;

(B)

Corruption by an arbitrator; or

(C)

Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(c)

An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to ORS 36.665 (Arbitration process) so as to prejudice substantially the rights of a party to the arbitration proceeding;

(d)

An arbitrator exceeded the arbitrator’s powers;

(e)

There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising an objection under ORS 36.665 (Arbitration process) (3) not later than the beginning of the arbitration hearing; or

(f)

The arbitration was conducted without proper notice of the initiation of an arbitration as required in ORS 36.635 (Initiation of arbitration) so as to prejudice substantially the rights of a party to the arbitration proceeding.

(2)

A petition under this section must be filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700 (Confirmation of award), unless the petitioner alleges that the award was procured by corruption, fraud or other undue means. If the petitioner alleges that the award was procured by corruption, fraud or other undue means, a petition under this section must be filed within 90 days after the grounds for challenging the award are known or, by the exercise of reasonable care, would have been known by the petitioner. A party filing a petition under this section must serve a copy of the petition on all other parties to the proceedings.

(3)

If the court vacates an award on a ground other than that set forth in subsection (1)(e) of this section, it may order a rehearing. If the award is vacated on a ground stated in subsection (1)(a) or (b) of this section, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d) or (f) of this section, the rehearing may be before the arbitrator who made the award or before any successor appointed for that arbitrator. The arbitrator must render the decision in the rehearing within the same time as that provided for an award in ORS 36.685 (Award) (2).

(4)

If the court denies a petition to vacate an award, it shall confirm the award unless a petition to modify or correct the award is pending. [2003 c.598 §23]
Note: See note under 36.600 (Definitions).

Notes of Decisions

"Evident partiality" means actual, discernable inclination to favor one party and does not require proof that award was affected by that inclination. Prime Properties, Inc. v. Leahy, 234 Or App 439, 228 P3d 617 (2010)

§§ 36.600 to 36.740

Notes of Decisions

Uniform Arbitration Act applies to actions filed on or after January 1, 2004, regarding agreement to arbitrate, regardless of date of agreement. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitration Act applies to any arbitration agreement regardless of when arbitrating parties entered into agreement. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)

Uniform Arbitration Act gives courts authority to deny motion to compel arbitration under arbitration clause on grounds that contract containing clause is unenforceable. Hinman v. Silver Star Group, LLC, 280 Or App 34, 380 P3d 994 (2016)


Source

Last accessed
Jun. 26, 2021